Parts and Accessories Necessary for Safe Operation; Grant of Exemption for Van Hool N.V. and Coach USA, 61372-61374 [2014-24290]
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61372
Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Notices
commercial motor vehicle (CMV)
drivers in interstate commerce. This
follows the MRB’s consideration of the
effects of Schedule II medications on
CMV drivers’ ability to operate safely on
September 11, 2013, and July 29–30,
2014. On Tuesday, October 28, the
MCSAC will meet to finalize its
deliberations on financial responsibility
requirements for motor carriers and to
consider the findings of its
Subcommittee on the Long-Haul CrossBorder Trucking Pilot Program with
Mexico. Meetings are open to the public
for their entirety, and there will be a
public comment period at the end of
each day.
DATES: Times and Dates: The joint
meeting will be held on Monday,
October 27, 2014, from 9 a.m. to 4:30
p.m., Eastern Daylight Time (E.T.), at
the Hilton Alexandria Old Town, 1767
King Street, Alexandria, VA 22314 in
the Washington and Jefferson Rooms on
the 2nd floor. On Tuesday, October 28,
the MCSAC will meet at that same
location from 9 a.m. to 4:30 p.m., E.T.
Copies of all MRB and MCSAC Task
Statements and an agenda for the entire
meeting will be made available in
advance of the meeting at https://
mrb.fmcsa.dot.gov and https://
mcsac.fmcsa.dot.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Shannon L. Watson, Senior Advisor to
the Associate Administrator for Policy,
Federal Motor Carrier Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590,
(202) 385–2395, mcsac@dot.gov.
Services for Individuals With
Disabilities
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
meeting, contact Eran Segev at (617)
494–3174, eran.segev@dot.gov, by
Wednesday, October 22.
SUPPLEMENTARY INFORMATION:
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I. Background
MCSAC
Section 4144 of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA–LU,
Pub. L. 109–59, 119 Stat. 1144, August
10, 2005) required the Secretary of
Transportation to establish the MCSAC.
The Moving Ahead for Progress in the
21st Century Act (MAP–21, Pub. L. 112–
141) reauthorized the MCSAC through
September 30, 2013, at which time its
statutory authority expired,
necessitating the establishment of
MCSAC as a discretionary committee
under FACA. Secretary Foxx established
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17:09 Oct 09, 2014
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that effective September 30, 2013,
through September 30, 2015. MCSAC
provides advice and recommendations
to the FMCSA Administrator on motor
carrier safety programs and regulations,
and operates in accordance with the
Federal Advisory Committee Act
(FACA, 5 U.S.C. App 2).
MRB
II. Meeting Participation
Oral comments from the public will
be heard during the last half-hour of the
meetings each day. Should all public
comments be exhausted prior to the end
of the specified period, the comment
period will close. Members of the public
may submit written comments on the
topics to be considered during the
meeting by Wednesday, October 22, to
Federal Docket Management System
(FDMC) Docket Number FMCSA–2008–
0362 for the MRB and FMCSA–2006–
26367 for the MCSAC using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Room W12–140, Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC, between 9 a.m. and 5
p.m., E.T. Monday through Friday,
except Federal holidays.
Issued on: October 6, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014–24364 Filed 10–8–14; 4:15 pm]
BILLING CODE 4910–EX–P
Frm 00098
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0314]
Parts and Accessories Necessary for
Safe Operation; Grant of Exemption for
Van Hool N.V. and Coach USA
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
The MRB is composed of five medical
experts who each serve 2-year terms.
Section 4116 of SAFETEA–LU requires
the Secretary of Transportation, with the
advice of the MRB and the chief medical
examiner, to establish, review, and
revise ‘‘medical standards for operators
of commercial motor vehicles that will
ensure that the physical condition of
operators of commercial motor vehicles
is adequate to enable them to operate
the vehicles safely.’’ The MRB operates
in accordance with FACA under the
terms of its charter, filed November 25,
2013.
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DEPARTMENT OF TRANSPORTATION
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The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant a limited
2-year exemption to Van Hool N.V. and
Coach USA (Van Hool/Coach USA) that
will allow Coach USA/Megabus to
operate double deck motorcoaches
constructed with a sleeper berth than
has an exit that does not meet the
minimum dimensional requirements
specified in the Federal Motor Carrier
Safety Regulations (FMCSRs). Section
393.76(c)(1) of the FMCSRs requires
sleeper berths installed after January 1,
1963 to have an exit that is at least 18
inches high and 36 inches wide. The
exemption will allow Coach USA/
Megabus to operate double deck
motorcoaches with an exit area from the
sleeper berth that, while not meeting the
specified dimensions, is only slightly
smaller in overall size from what is
required in the FMCSRs. FMCSA
believes that permitting the reduced exit
area size will maintain a level of safety
that is equivalent to, or greater than, the
level of safety achieved without the
exemption.
SUMMARY:
This exemption is effective from
October 10, 2014 until October 10, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–0676; Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
DATES:
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation
Equity Act for the 21st Century (TEA–
21) [Pub. L. 105–178, June 9, 1998, 112
Stat. 401] amended 49 U.S.C. 31315 and
31136(e) to provide authority to grant
exemptions from the Federal Motor
Carrier Safety Regulations (FMCSRs).
On August 20, 2004, FMCSA published
a final rule (69 FR 51589) implementing
section 4007. Under this rule, FMCSA
must publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
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Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Notices
the public with an opportunity to
inspect the information relevant to the
application, including any safety
analyses that have been conducted. The
Agency must also provide an
opportunity for public comment on the
request.
The Agency reviews the safety
analyses and the public comments and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to or greater than
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)). If the Agency denies
the request, it must state the reason for
doing so. If the decision is to grant the
exemption, the notice must specify the
person or class of persons receiving the
exemption and the regulatory provision
or provisions from which an exemption
is granted. The notice must also specify
the effective period of the exemption
(up to 2 years) and explain the terms
and conditions of the exemption. The
exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
mstockstill on DSK4VPTVN1PROD with NOTICES
Van Hool/Coach USA Application for
Exemption
Van Hool/Coach USA applied for an
exemption from 49 CFR 393.76(c)(1) to
allow Coach USA/Megabus to operate
double deck motorcoaches with a
sleeper berth exit which meets the
requirements of those sleeper berths
installed before January 1, 1963. Section
393.76(c)(1) of the FMCSRs requires
that, for sleeper berths installed after
January 1, 1963, the exit must be a
doorway or opening at least 18 inches
high and 36 inches wide. In its
application, Van Hool/Coach USA
states:
Van Hool and Coach USA are making this
request because we jointly developed a
double deck motorcoach with sleeper berths
for passengers (hereafter referred to as sleeper
coach) where in order to meet the driver
hours of service requirements for the routes
planned for this sleeper coach, a sleeper
berth must be provided for a 2nd driver. The
designed sleeper berth compartment in the
sleeper motor coach meets and exceeds the
minimum dimensional requirements for the
actual sleeper berth, however due to the
limited available locations to place the
sleeper berth within the confines of the
motorcoach, it is requested that the entry/exit
to the sleeper berth be allowed to meet the
dimensional requirements for those sleeper
berths manufactured/installed before January
1, 1963. The entry/exit of the sleeper berth
(as currently designed) has a maximum area
of 606 square inches, which is sufficient area
to contain an ellipse having a major axis of
25 inches and a minor axis of 16 inches,
which was the requirement for sleeper berths
installed prior to January 1, 1963.
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Van Hool/Coach USA states that
whereas the pre-January 1, 1963, exit
dimension requirements accommodated
all types of commercial motor vehicles,
the current language of Section
393.76(c)(1) ‘‘is designed to fit sleeper
berths in commercial trucks’’ and does
‘‘not take into account the limited space
available on a motorcoach for utilization
of a sleeper berth.’’
Comments
On August 6, 2013, FMCSA published
notice of the Van Hool/Coach USA
application and requested public
comment (78 FR 47817). Advocates for
Highway and Auto Safety (Advocates)
pointed out that the FMCSA had failed
to include a copy of the Van Hool/Coach
USA application in the docket for
public inspection as required by statute
and regulation. The Agency placed a
copy of the Van Hool/Coach USA
application in the docket, and published
a notice in the Federal Register on
February 14, 2014 (78 FR 9035)
announcing the reopening of the
comment period for 15 days. The
Agency received four comments.
1. Advocates stated ‘‘The reduced size
of the major axis of the sleeper berth
entry/exit portal from 36 inches to 24
inches results is a significant reduction
of a critical dimension for egress, even
if it does not necessarily reduce the
overall area of the portal dramatically.
Reducing the major axis by one-third
could impede the ability of a driver to
respond in a safety emergency . . .
Finally, it is likely that the pre-Jan. 1,
1963 entry/exit dimensions were
considered so restrictive and tight for
drivers who needed to squeeze into or
out of the sleeper berth that the major
axis of the portal was enlarged
significantly, by 50 percent, from 24 to
36 inches. Advocates believes that even
the current dimensions of the entry/exit
portal (not to mention the sleeper berth
itself) are exceedingly narrow and
should be further enlarged, not
reduced.’’
FMCSA response: FMCSA personnel
inspected a Van Hool/Coach USA
double deck motorcoach, and took
physical measurements of a prototype of
the proposed sleeper berth entry/exit
area. The effective sleeper berth entry/
exit area is a rectangle, 27 inches wide
by 26 inches in height, with a smaller
non-useable corner in the lower right
side measuring 11 inches in height by
8 inches in width, resulting in a total
sleeper berth entry/exit area of 614
square inches. While this is a nominal
reduction in access area—approximately
5 percent—compared to the current
requirements (a rectangular area 18
inches high and 36 inches wide = 648
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square inches), it is significantly
larger—more than double—than the preJanuary 1, 1963 requirements (an ellipse
having a major axis of 24 inches and a
minor axis of 16 inches = 301.6 square
inches).
Entry into and exit from the prototype
sleeper berth was performed by both
FMCSA and Coach USA personnel
during the vehicle inspection. These
representatives were both adult males,
approximately the size/weight of the
Hybrid III 95th percentile male
anthropometric test device that is used
worldwide for the evaluation of
automotive and military safety
restraints, and particularly for seat belt
integrity testing.1 Both representatives
were easily able to enter and exit the
prototype sleeper berth, and each found
that the 26-inch height of the prototype
sleeper berth entry/exit was much easier
to access than a sleeper berth meeting
the currently-permitted minimum
allowable height of 18 inches despite
the reduction in overall width of the
prototype opening.
During the inspection of the
prototype, FMCSA also found that Van
Hool/Coach USA has designed and
included an additional emergency exit
in the sleeper berth that provides direct
access to the exterior of the motorcoach.
This additional exit is 26 inches wide
and 26.5 inches high (689 square
inches), which, while although it does
not meet the specific dimensional
requirements of the current standard, is
larger in area than the current
minimally compliant opening.
While FMCSA acknowledges that Van
Hool/Coach USA did not present a
specific safety study providing an
analysis of the safety impacts of the
requested exemption, the Agency
believes that the 9-inch reduction in the
minimum width of the entry/exit of the
sleeper berth from the interior of the
motorcoach does not degrade the level
of safety for a driver exiting or entering
the sleeper berth, especially given that
the measured height of the prototype
entry is 8 inches taller than the
minimum allowable height of 18 inches.
FMCSA also notes that Van Hool/Coach
USA has provided a secondary
emergency exit to the exterior of the
vehicle.
2. Mr. Lawrence Hanley of the
Amalgamated Transit Union (ATU)
submitted comments opposing the use
of sleeper berths generally, but did not
provide any comments specifically
relating to the reduced size of the exit
from the sleeper berth that is the subject
of this exemption application.
1 The Hybrid III 95th percentile male dummy is
6′2″ tall and weighs 223 pounds.
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Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Notices
FMCSA Response: The Van Hool/
Coach USA application only requests an
exemption from the requirements of
section 393.76(c)(1) of the FMCSRs
relating to the dimensions of the entry/
exit into the sleeper berth. The Van
Hool/Coach USA prototype sleeper
berth fully conforms to all other
requirements pertaining to sleeper
berths in 49 CFR 393.76.
3. Mr. John Oakman, Sr. Vice
President of Coach USA/Megabus
commented in support of the
application, stating ‘‘With this
exemption we will be able to travel with
two drivers, while one is driving the
other will be able to be in a legal
sleeping berth, thus giving us a longer
safer distance of operation.’’
4. Mr. Tim Wayland, President and
Chief Operating Officer of ABC
Companies commented in support of
the application, stating ‘‘Approving this
exemption would allow Coach USA to
fulfill its obligations as an operator
towards its drivers in meeting the hours
of service requirements. Approval of
this exemption will also increase the
number of models available to the
traveling public. Increasing the number
of models available to the traveling
public will result in increased ridership,
less traffic congestion and road wear
and tear plus positive effects on the
environment such as lower emissions
and consumption of natural resources.’’
Terms and Conditions for the
Exemption
During the temporary exemption
period, Coach USA/Megabus
motorcoaches can be legally operated
using the reduced sleeper berth entry/
exit dimensions. The motorcoaches
must be constructed using the entry/exit
configuration as depicted in the
application. FMCSA encourages any
party having information that Van Hool/
Coach USA, in utilizing this exemption,
is not achieving the requisite level of
safety immediately to notify the Agency.
If safety is being compromised, or if the
continuation of the exemption is not
consistent with 49 U.S.C. 31315(b) and
31136(e), FMCSA will take immediate
steps to revoke the exemption.
Preemption
In accordance with section 381.600 of
the FMCSRs, during the period the
exemption is in effect, no State shall
enforce any law or regulation that
conflicts with or is inconsistent with
this exemption with respect to a person
operating under the exemption.
Issued on: October 1, 2014.
T.F. Scott Darling III,
Acting Administrator.
[FR Doc. 2014–24290 Filed 10–9–14; 8:45 am]
BILLING CODE 4910–EX–P
2014, the effective date of this
exemption (30 days after the exemption
was filed).
WGNR certifies that the projected
annual revenues as a result of this
transaction will not exceed those that
would qualify it as a Class III rail carrier
and will not exceed $5 million.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions to stay must be
filed by October 17, 2014 (at least seven
days prior to the date the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35860, must be filed with the Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on applicant’s representative,
Thomas F. McFarland, Thomas F.
McFarland, P.C., 208 South LaSalle
Street, Suite 1890, Chicago, IL 60604–
1112.
Board decisions and notices are
available on our Web site at
‘‘WWW.STB.DOT.GOV.’’
mstockstill on DSK4VPTVN1PROD with NOTICES
FMCSA Decision
Surface Transportation Board
Based on its evaluation of the
application for an exemption, FMCSA
grants the Van Hool/Coach USA
exemption application. The Agency
believes that the safety performance of
motor carriers operating the subject
double deck motorcoaches during the 2year exemption period will likely
achieve a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption. While the proposed entry/
exit does not meet the specific
dimensional requirements of section
393.76(c)(1) of the FMCSRs, (1) the
overall area of the proposed entry/exit is
only slightly smaller than that which is
required, and (2) FMCSA was able to
confirm during a physical examination
of the double deck motorcoach that
operators are able to easily enter/exit the
proposed sleeper berth. Additionally,
Van Hool/Coach USA has designed and
installed a second emergency exit in the
sleeper berth that is 26 inches wide and
26.5 inches high that provides direct
access to the exterior of the vehicle. The
Agency hereby grants the exemption for
a two-year period, beginning October
10, 2014 until October 10, 2016.
Decided: October 7, 2014.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[Docket No. FD 35860]
[FR Doc. 2014–24251 Filed 10–9–14; 8:45 am]
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17:09 Oct 09, 2014
Jkt 235001
DEPARTMENT OF TRANSPORTATION
Wisconsin Great Northern Railroad,
Inc.—Lease and Operation
Exemption—Rail Line of Wisconsin
Central, Ltd.
Wisconsin Great Northern Railroad,
Inc. (WGNR), a Class III rail carrier, has
filed a verified notice of exemption
under 49 CFR 1150.41 to lease from
Wisconsin Central, Ltd. (WC),1 and to
operate, pursuant to a lease agreement,
an approximately 6.3-mile line of
railroad between milepost 95.2 near
Hayward Junction and milepost 101.5 at
Hayward, in Washburn and Sawyer
Counties, Wis.
According to WGNR, the lease does
not contain any provision or agreement
that may limit future interchange of
traffic with a third-party connecting
carrier. WGNR states that the line
connects with WC’s north-south main
line at milepost 96.0 at Hayward
Junction, Wis.
The proposed transaction may be
consummated on or after October 25,
1 WC is an affiliate of Canadian National Railway
Company.
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BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Advisory Committee to the Internal
Revenue Service; Meeting
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of meeting.
AGENCY:
The Information Reporting
Program Advisory Committee (IRPAC)
will hold a public meeting on
Wednesday, October 29, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Caryl Grant, National Public Liaison,
CL:NPL:SRM, Rm. 7559, 1111
Constitution Avenue NW., Washington,
DC 20224. Phone: 202–317–6851 (not a
toll-free number). Email address:
PublicLiaison@irs.gov.
SUPPLEMENTARY INFORMATION: Notice is
hereby given pursuant to section
10(a)(2) of the Federal Advisory
Committee Act, 5 U.S.C. App. (1988),
SUMMARY:
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Agencies
[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Notices]
[Pages 61372-61374]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24290]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0314]
Parts and Accessories Necessary for Safe Operation; Grant of
Exemption for Van Hool N.V. and Coach USA
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant a limited 2-year exemption to Van Hool
N.V. and Coach USA (Van Hool/Coach USA) that will allow Coach USA/
Megabus to operate double deck motorcoaches constructed with a sleeper
berth than has an exit that does not meet the minimum dimensional
requirements specified in the Federal Motor Carrier Safety Regulations
(FMCSRs). Section 393.76(c)(1) of the FMCSRs requires sleeper berths
installed after January 1, 1963 to have an exit that is at least 18
inches high and 36 inches wide. The exemption will allow Coach USA/
Megabus to operate double deck motorcoaches with an exit area from the
sleeper berth that, while not meeting the specified dimensions, is only
slightly smaller in overall size from what is required in the FMCSRs.
FMCSA believes that permitting the reduced exit area size will maintain
a level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption.
DATES: This exemption is effective from October 10, 2014 until October
10, 2016.
FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676; Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from
the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20,
2004, FMCSA published a final rule (69 FR 51589) implementing section
4007. Under this rule, FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide
[[Page 61373]]
the public with an opportunity to inspect the information relevant to
the application, including any safety analyses that have been
conducted. The Agency must also provide an opportunity for public
comment on the request.
The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305).
The decision of the Agency must be published in the Federal
Register (49 CFR 381.315(b)). If the Agency denies the request, it must
state the reason for doing so. If the decision is to grant the
exemption, the notice must specify the person or class of persons
receiving the exemption and the regulatory provision or provisions from
which an exemption is granted. The notice must also specify the
effective period of the exemption (up to 2 years) and explain the terms
and conditions of the exemption. The exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
Van Hool/Coach USA Application for Exemption
Van Hool/Coach USA applied for an exemption from 49 CFR
393.76(c)(1) to allow Coach USA/Megabus to operate double deck
motorcoaches with a sleeper berth exit which meets the requirements of
those sleeper berths installed before January 1, 1963. Section
393.76(c)(1) of the FMCSRs requires that, for sleeper berths installed
after January 1, 1963, the exit must be a doorway or opening at least
18 inches high and 36 inches wide. In its application, Van Hool/Coach
USA states:
Van Hool and Coach USA are making this request because we
jointly developed a double deck motorcoach with sleeper berths for
passengers (hereafter referred to as sleeper coach) where in order
to meet the driver hours of service requirements for the routes
planned for this sleeper coach, a sleeper berth must be provided for
a 2nd driver. The designed sleeper berth compartment in the sleeper
motor coach meets and exceeds the minimum dimensional requirements
for the actual sleeper berth, however due to the limited available
locations to place the sleeper berth within the confines of the
motorcoach, it is requested that the entry/exit to the sleeper berth
be allowed to meet the dimensional requirements for those sleeper
berths manufactured/installed before January 1, 1963. The entry/exit
of the sleeper berth (as currently designed) has a maximum area of
606 square inches, which is sufficient area to contain an ellipse
having a major axis of 25 inches and a minor axis of 16 inches,
which was the requirement for sleeper berths installed prior to
January 1, 1963.
Van Hool/Coach USA states that whereas the pre-January 1, 1963, exit
dimension requirements accommodated all types of commercial motor
vehicles, the current language of Section 393.76(c)(1) ``is designed to
fit sleeper berths in commercial trucks'' and does ``not take into
account the limited space available on a motorcoach for utilization of
a sleeper berth.''
Comments
On August 6, 2013, FMCSA published notice of the Van Hool/Coach USA
application and requested public comment (78 FR 47817). Advocates for
Highway and Auto Safety (Advocates) pointed out that the FMCSA had
failed to include a copy of the Van Hool/Coach USA application in the
docket for public inspection as required by statute and regulation. The
Agency placed a copy of the Van Hool/Coach USA application in the
docket, and published a notice in the Federal Register on February 14,
2014 (78 FR 9035) announcing the reopening of the comment period for 15
days. The Agency received four comments.
1. Advocates stated ``The reduced size of the major axis of the
sleeper berth entry/exit portal from 36 inches to 24 inches results is
a significant reduction of a critical dimension for egress, even if it
does not necessarily reduce the overall area of the portal
dramatically. Reducing the major axis by one-third could impede the
ability of a driver to respond in a safety emergency . . . Finally, it
is likely that the pre-Jan. 1, 1963 entry/exit dimensions were
considered so restrictive and tight for drivers who needed to squeeze
into or out of the sleeper berth that the major axis of the portal was
enlarged significantly, by 50 percent, from 24 to 36 inches. Advocates
believes that even the current dimensions of the entry/exit portal (not
to mention the sleeper berth itself) are exceedingly narrow and should
be further enlarged, not reduced.''
FMCSA response: FMCSA personnel inspected a Van Hool/Coach USA
double deck motorcoach, and took physical measurements of a prototype
of the proposed sleeper berth entry/exit area. The effective sleeper
berth entry/exit area is a rectangle, 27 inches wide by 26 inches in
height, with a smaller non-useable corner in the lower right side
measuring 11 inches in height by 8 inches in width, resulting in a
total sleeper berth entry/exit area of 614 square inches. While this is
a nominal reduction in access area--approximately 5 percent--compared
to the current requirements (a rectangular area 18 inches high and 36
inches wide = 648 square inches), it is significantly larger--more than
double--than the pre-January 1, 1963 requirements (an ellipse having a
major axis of 24 inches and a minor axis of 16 inches = 301.6 square
inches).
Entry into and exit from the prototype sleeper berth was performed
by both FMCSA and Coach USA personnel during the vehicle inspection.
These representatives were both adult males, approximately the size/
weight of the Hybrid III 95th percentile male anthropometric test
device that is used worldwide for the evaluation of automotive and
military safety restraints, and particularly for seat belt integrity
testing.\1\ Both representatives were easily able to enter and exit the
prototype sleeper berth, and each found that the 26-inch height of the
prototype sleeper berth entry/exit was much easier to access than a
sleeper berth meeting the currently-permitted minimum allowable height
of 18 inches despite the reduction in overall width of the prototype
opening.
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\1\ The Hybrid III 95th percentile male dummy is 6'2'' tall and
weighs 223 pounds.
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During the inspection of the prototype, FMCSA also found that Van
Hool/Coach USA has designed and included an additional emergency exit
in the sleeper berth that provides direct access to the exterior of the
motorcoach. This additional exit is 26 inches wide and 26.5 inches high
(689 square inches), which, while although it does not meet the
specific dimensional requirements of the current standard, is larger in
area than the current minimally compliant opening.
While FMCSA acknowledges that Van Hool/Coach USA did not present a
specific safety study providing an analysis of the safety impacts of
the requested exemption, the Agency believes that the 9-inch reduction
in the minimum width of the entry/exit of the sleeper berth from the
interior of the motorcoach does not degrade the level of safety for a
driver exiting or entering the sleeper berth, especially given that the
measured height of the prototype entry is 8 inches taller than the
minimum allowable height of 18 inches. FMCSA also notes that Van Hool/
Coach USA has provided a secondary emergency exit to the exterior of
the vehicle.
2. Mr. Lawrence Hanley of the Amalgamated Transit Union (ATU)
submitted comments opposing the use of sleeper berths generally, but
did not provide any comments specifically relating to the reduced size
of the exit from the sleeper berth that is the subject of this
exemption application.
[[Page 61374]]
FMCSA Response: The Van Hool/Coach USA application only requests an
exemption from the requirements of section 393.76(c)(1) of the FMCSRs
relating to the dimensions of the entry/exit into the sleeper berth.
The Van Hool/Coach USA prototype sleeper berth fully conforms to all
other requirements pertaining to sleeper berths in 49 CFR 393.76.
3. Mr. John Oakman, Sr. Vice President of Coach USA/Megabus
commented in support of the application, stating ``With this exemption
we will be able to travel with two drivers, while one is driving the
other will be able to be in a legal sleeping berth, thus giving us a
longer safer distance of operation.''
4. Mr. Tim Wayland, President and Chief Operating Officer of ABC
Companies commented in support of the application, stating ``Approving
this exemption would allow Coach USA to fulfill its obligations as an
operator towards its drivers in meeting the hours of service
requirements. Approval of this exemption will also increase the number
of models available to the traveling public. Increasing the number of
models available to the traveling public will result in increased
ridership, less traffic congestion and road wear and tear plus positive
effects on the environment such as lower emissions and consumption of
natural resources.''
FMCSA Decision
Based on its evaluation of the application for an exemption, FMCSA
grants the Van Hool/Coach USA exemption application. The Agency
believes that the safety performance of motor carriers operating the
subject double deck motorcoaches during the 2-year exemption period
will likely achieve a level of safety that is equivalent to, or greater
than, the level of safety achieved without the exemption. While the
proposed entry/exit does not meet the specific dimensional requirements
of section 393.76(c)(1) of the FMCSRs, (1) the overall area of the
proposed entry/exit is only slightly smaller than that which is
required, and (2) FMCSA was able to confirm during a physical
examination of the double deck motorcoach that operators are able to
easily enter/exit the proposed sleeper berth. Additionally, Van Hool/
Coach USA has designed and installed a second emergency exit in the
sleeper berth that is 26 inches wide and 26.5 inches high that provides
direct access to the exterior of the vehicle. The Agency hereby grants
the exemption for a two-year period, beginning October 10, 2014 until
October 10, 2016.
Terms and Conditions for the Exemption
During the temporary exemption period, Coach USA/Megabus
motorcoaches can be legally operated using the reduced sleeper berth
entry/exit dimensions. The motorcoaches must be constructed using the
entry/exit configuration as depicted in the application. FMCSA
encourages any party having information that Van Hool/Coach USA, in
utilizing this exemption, is not achieving the requisite level of
safety immediately to notify the Agency. If safety is being
compromised, or if the continuation of the exemption is not consistent
with 49 U.S.C. 31315(b) and 31136(e), FMCSA will take immediate steps
to revoke the exemption.
Preemption
In accordance with section 381.600 of the FMCSRs, during the period
the exemption is in effect, no State shall enforce any law or
regulation that conflicts with or is inconsistent with this exemption
with respect to a person operating under the exemption.
Issued on: October 1, 2014.
T.F. Scott Darling III,
Acting Administrator.
[FR Doc. 2014-24290 Filed 10-9-14; 8:45 am]
BILLING CODE 4910-EX-P